The top cable lobby group says Google is blowing smoke when it comes to Title II and pole attachment rights.
Google told the Federal Communications Commission that reclassifying broadband providers as common carriers under Title II of the Communications Act would help Google and other companies gain access to infrastructure controlled by utilities. Section 224 of Title II covers pole attachments, and Google urged the FCC to enforce this section if it does move broadband under Title II.
But that isn’t even necessary, the National Cable & Telecommunications Association (NCTA) argued in a filing today, saying that “Google already can avail itself of pole attachment rights under Section 224, notwithstanding its assertions to the contrary. Google’s letter states that Google Fiber ‘lacks federal access rights pursuant to Section 224’ because it offers an ‘Internet Protocol video service that is not traditional cable TV.’ But as NCTA has explained on numerous occasions… the law is clear that facilities-based providers of Internet Protocol television (‘IPTV’) services do qualify as cable operators under the Communications Act of 1934, as amended (‘the Act’). The Act defines ‘cable operator’ as one who ‘provides cable service over a cable system,’ without any reference to the technology (IP-based, QAM-based, or otherwise) used to provide such service.”
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